Can you prescribe for family? What happens if a payer demands a refund three years later? Our Legal Blogs tackle routine yet critical issues—self-prescribing, contract renewals, sham peer review defenses, and medical record ownership—using real complaints, board orders, and court opinions as teaching tools.
When an appellate court clarifies peer-review immunity or a state supreme court limits punitive damages, we translate the opinion into practical next steps: adjust bylaws language, revisit informed-consent language, or refine incident-reporting practices. Posts avoid dense legalese and focus on how rulings might influence documentation, credentialing, and professional liability.
From negotiating call-coverage stipends to spotting restrictive non-compete clauses, articles guide physicians through employment and partnership contracts. We also examine corporate-practice-of-medicine rules, covering management-service agreements, fee-splitting prohibitions, and telemedicine ownership structures.
The blog discusses board investigations stemming from social-media missteps, substance-use allegations, and documentation irregularities. We help physicians respond promptly, assemble supportive records, and protect due-process rights.
Expect discussions of Stark, Anti-Kickback Statute safe harbors, Medicare enrollment revocations, and false-claims liability—presented with examples relevant to office-based specialists and hospital-employed physicians alike.
Skydiving is dangerous. Most skydivers land safely. But, not all. And if your chute does not timely open (and properly), death or injury are likely. How is it skydiving facilities are rarely sued? And, if they are sued, the facility usually prevails. There’s a legal defense known as “assumption of risk.” The skydiver presumably knows that skydiving is a dangerous … Read more
There’s an old joke regarding different cultures’ interpretation as to when a fetus is considered alive. The broadest definition of the beginning of life pinpoints the date at conception. Others target a later date – namely, viability outside the womb. But, the longest delay for the ‘beginning of life” is when the “person” graduates from medical school. I hear two stories from … Read more
Skeptical Scalpel publishes an excellent blog. He recently tackled the topic of whether the public even understands how to interpret surgical complication rates and surgeon report cards. He graciously gave us permission to distribute his post. Read on. Some data is better than no data at all Do you believe that? I heard it frequently when … Read more
Plaintiff’s attorneys frequently argue there is no way a seasoned attorney would take a meritless med mal case. They note that taking such cases to trial to case is expensive. They take such cases on contingency. If they lose, they lose big. And they would be the party bearing the out-of-pocket risk. Now, the market … Read more
In the mid-1990s, Dr. Samuel Pallin patented a type of stitch-less cataract surgery procedure. He attempted to license the patent to other ophthalmologists. One such surgeon was Dr. Jack Singer. Singer not only refused the demand for royalties, but started a broad political movement against medical procedure patents. Singer argued he actually devised the procedure before Pallin’s patent was filed. Pallin said he was not interested in the money, but recognition. Pallin had … Read more
Most physicians defer to patients’ wishes as to how they want to be called. It’s a sign of deferential respect. If there’s a 40-year age discrepancy between a young treating physician and an elderly Medicare patient, the senior likely doesn’t want to be called Pops. There’s a brewing brouhaha in California related to Senate Bill 219 which … Read more
NYU Medical School recently announced it will waive tuition for all medical students, now and going forward. NYU has raised $450M of the needed $600M to fund this gift in perpetuity. Kenneth Langone (one of the Home Depot founders) and his wife donated $100M. One reason NYU made this commitment was because many medical students are saddled with crushing … Read more
Guest Blog Post by David Mokotoff, MD The past decade has seen an enormous upheaval in the practice of medicine. The private independent medical practice is in danger of extinction. Management overhead and red tape has skyrocketed due to government regulations and private insurance and pharmaceutical benefit rules. Added to that are multiple electronic medical … Read more
Medical practices often add new techniques and procedures to increase revenue. I’m not suggesting the only reason is revenue. Presumably it’s to serve the patient and make a living BY serving the patient. And, I’m not opposed to physicians expanding what they do from treating disease to promoting health. But, I must admit, I did … Read more
A recent article evaluated 112 recorded clinical encounters. The rationale was testing of “shared decision-making tools.” I was confused by the findings and conclusions. In 27 of the 40 (67%) encounters in which clinicians elicited patient concerns, the clinician interrupted the patient after a median of 11 seconds (interquartile range 7–22; range 3 to 234 s). Uninterrupted patients took a … Read more
